Terms & Conditions

MARK III Limited (ACNC-registered charity)
Last updated: October 2025

1. Introduction

These Terms and Conditions ("Terms") govern your use of the MARK III Limited website and services. By accessing or using our services, you agree to be bound by these Terms. MARK III Limited is an ACNC-registered charity and Australia's only not-for-profit, veteran-led Integrated Capability Partner (ICP). We provide services to Defence, Government, and Small, Medium, and Veteran Enterprises (SMVEs). If you do not agree to these Terms, please do not use our services.

2. Definitions

In these Terms, the following definitions apply: • "MARK III", "we", "us", "our" refers to MARK III Limited (ACNC-registered charity) • "You", "your" refers to the individual or entity using our services • "Services" refers to all services provided by MARK III Limited • "Website" refers to www.markiii.org.au and all associated pages • "SMVE" refers to Small, Medium, and Veteran Enterprises • "ICP" refers to Integrated Capability Partner • "ACNC" refers to the Australian Charities and Not-for-profits Commission

3. Description of Services

MARK III Limited provides the following services: • Integrated Capability Partner (ICP) services for Defence and Government • SMVE network facilitation and support • Contract management and delivery services • Business development and mentoring for SMVEs • Compliance and governance support • Community impact programs Our services are designed to strengthen Australia's sovereign capability while supporting Australian SMVEs and veteran-owned enterprises.

4. User Obligations

By using our services, you agree to: • Provide accurate and complete information • Comply with all applicable laws and regulations • Respect the rights of other users and third parties • Not use our services for any unlawful or prohibited purpose • Maintain the confidentiality of any sensitive information • Report any security breaches or concerns immediately • Comply with our privacy policy and data protection requirements You are responsible for ensuring that your use of our services complies with all applicable laws and regulations.

5. Intellectual Property Rights

All content on our website and in our services, including but not limited to text, graphics, logos, images, and software, is the property of MARK III Limited or its licensors and is protected by copyright and other intellectual property laws. You may not: • Copy, modify, or distribute our content without permission • Use our trademarks or logos without written consent • Reverse engineer or attempt to extract source code • Remove or alter any copyright or proprietary notices Any content you provide to us remains your property, but you grant us a license to use it for the purposes of providing our services.

6. Privacy and Data Protection

We are committed to protecting your privacy and personal information. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms. By using our services, you consent to: • The collection and use of your personal information as described in our Privacy Policy • The transfer of your information to our service providers (including overseas providers) • The use of cookies and similar technologies on our website We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

7. Limitation of Liability

To the maximum extent permitted by law: • MARK III Limited's liability is limited to the amount paid by you for our services • We are not liable for any indirect, incidental, special, or consequential damages • We do not guarantee the availability or performance of our services • We are not responsible for third-party content or services • Our liability is limited to the extent permitted by applicable consumer protection laws This limitation applies regardless of the legal theory on which the claim is based.

8. Disclaimers

Our services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to: • Warranties of merchantability and fitness for a particular purpose • Warranties regarding the accuracy or completeness of information • Warranties regarding the availability or performance of our services • Warranties regarding third-party content or services We do not guarantee that our services will be uninterrupted, error-free, or free from viruses or other harmful components.

9. Indemnification

You agree to indemnify and hold harmless MARK III Limited, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: • Your use of our services • Your violation of these Terms • Your violation of any law or regulation • Your violation of any third-party rights • Any content you provide to us This indemnification obligation will survive the termination of these Terms.

10. Termination

We may terminate or suspend your access to our services at any time, with or without notice, for any reason, including: • Violation of these Terms • Fraudulent or illegal activity • Non-payment of fees • Breach of confidentiality obligations • Any other reason we deem necessary Upon termination: • Your right to use our services ceases immediately • We may delete your account and data • You remain liable for any outstanding obligations • Provisions that by their nature should survive termination will remain in effect

11. Governing Law and Jurisdiction

These Terms are governed by the laws of Australia and the Australian Capital Territory. Any disputes arising from these Terms or your use of our services will be subject to the exclusive jurisdiction of the courts of the Australian Capital Territory. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12. Changes to Terms

We may update these Terms from time to time. When we make changes, we will: • Post the updated Terms on our website • Update the "Last Updated" date • Notify users of material changes via email or website notice Your continued use of our services after changes are posted constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using our services.

13. Contact Information

If you have questions about these Terms, please contact us: MARK III Limited Email: ops@markiii.org.au Website: www.markiii.org.au Phone: +61 410 141 848 For legal matters, please address correspondence to our registered office.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected. We will replace any invalid provision with a valid provision that most closely approximates the intent of the original provision.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and MARK III Limited regarding your use of our services. These Terms supersede all prior agreements and understandings between the parties. No modification of these Terms will be effective unless it is in writing and signed by both parties.

These terms and conditions are effective as of October 2025 and apply to all interactions with MARK III Limited.